Lawyers are considered to be professionals, which means that they are subject to greater scrutiny and standards than certain other occupations. I take the concept of professionalism very seriously. Many people are not aware that once an attorney puts his name on a case that is going through litigation, the attorney cannot withdraw or refuse to take steps to protect his client's interests unless the client either agrees that the attorney can withdraw or a Court, after having had a hearing, determines that the attorney is entitled to withdraw from a case. I mention this because sometimes people have a hard time understanding why an attorney has to charge a retainer fee before certain types of work are started. This is simple because, unlike some other occupations, the attorney is subject to circumstances where he cannot just stop working, even if the client owes him money, if to do so would materially have a negative impact on the client.
Ultimately, my philosophy of the practice of law can be summed up in a few simple concepts.
1. Stay out of Court if possible
What I mean by this is because even though I make my living by either going to Court or being prepared to go to Court, for the average person, Court and litigation are things to avoid if at all possible. The reason for this is because the Court system is often time consuming, expensive, and frustrating. While there are sometimes no other intelligent options than to go to Court, recognizing that I want to keep my client's exposure to the Court system minimal if at all possible, is important to understanding how I practice law.
2. The Golden Rule:
Simply put, I try to act for my client in the way that I would want an attorney to act for me should I choose to hire an attorney. In many cases, this means establishing a goal and trying to get the client to the goal the "easiest, cheapest and quickest way possible". This means not to do unnecessary work if it can be helped, but also try to streamline the process and take only the steps that are absolutely necessary to protect the client's interest while having the least impact on the client's financial situation. There is no magic way to do this, it is simply a matter of judgment that comes from time and experience.
3. Integrity:
By this I simply mean, "say what you mean and mean what you say". "Do not make promises that you cannot keep". Be honest and straightforward, while at the same time, respecting all the rules relating to client confidentiality.
4. Respect and Courtesy:
Respect and courtesy should be obvious components of a professional practice, but they are mentioned here because many times, particularly in family law, extreme emotions can come into play which can sometimes cloud the judgment of the participants in the process. It is always important to remember that although representation in contested matters involves a search for the truth and the justice of a particular situation, there is no good purpose in taking actions that are designed to personally hurt the other party In a way unrelated to the dispute.
5. Objectivity:
One of the most important services that I can render for a client is to be objective about his or her case. That means using my judgment and experience to anticipate arguments from other parties involved and to make a reasoned evaluation about how the situation might look to a Judge who is hearing the evidence. Getting involved in the Court system can be very stressful and emotional. In the long run, however, it is not a good service to the client if the attorney spends hours and hours (and accordingly charges higher and higher fees) in doing work that, while recognized in most cases to be legitimate work, is not likely to make a huge improvement in the ultimate resolution for the client. Again, experience is the best way to develop the Judgment necessary to make the best decisions under the circumstances.
6. Protect Children:
In family law cases, whether or not "custody" or "visitation" is an issue, even good parents can unintentionally cause emotional damage to their children by accident. Sometimes children show this damage in a direct way and sometimes they do not. I have a deep and abiding interest in helping the "grown-ups" to do their best to act in such a way to minimize negative experiences for the children.